WT/DS504/13  
 
18 June 2020  
(20-4305) Page: 1/3 
  Original: English  
 
KOREA – ANTI -DUMPING DUTIES ON PNEUMATIC VALVES FROM JAPAN  
UNDERSTANDING BETWEE N THE REPUBLIC OF KOREA  AND JAPAN  
REGARDING PROCEDURES  UNDER ARTICLES 21 A ND 22 OF THE DSU  
The following communication, dated 15 June 2020 , from the delegation of Korea  and the delegation 
of Japan  to the Chairperson of the Dispute Settlement Body, is circulated at the request of these 
delegations.  
 
_______________  
 
 
The Republic of Korea ( "Korea ") and Japan would like to inform the Dispute Settlement Body of the 
attached "Agreed Procedures under Articles 21 and 22 of the Understanding on Rules and Procedures 
Governing the Settlement of Disputes" between Korea and Japan with respect to the dispute 
Korea  – Anti-Dumping Duties on Pneumatic Valves from Japan  (WT/DS504).  
 
We request that you kindly circulate the attached agreement to the Members of the Dispute 
Settlement Body.  
 
 
_______________  
 
  WT/DS504/13  
 
- 2 - 
 
  The Dispute Settlement Body ("DSB ") adopted its recommendations and rulings in the dispute 
KOREA – ANTI-DUMPING DUTIES ON PNEUMATIC VALVES FROM JAPAN  (WT/DS504) on 
30 September 2019.  
 
Pursuant to Article 21.3(b) of the Understanding on Rules and Procedures Governing the Settlement 
of Disp utes ("DSU"), the Republic of Korea ( "Korea ") and Japan agreed that the reasonable period 
of time to implement the recommendations and rulings of the DSB in this dispute shall be eight (8) 
months, expiring on 30 May 2020.  
 
Korea and Japan (collectively, " the Parties") have agreed on the following procedures for the 
exclusive purposes of this dispute. They are designed to facilitate the resolution of the dispute and 
reduce the scope for procedural disputes and are without prejudice to either Party's views o n the 
correct interpretation of the DSU, and without prejudice to any other arrangements that may be 
agreed separately among the Parties:  
 
1. Should Japan consider that the situation described in Article 21.5 of the DSU exists, Japan will 
request that Kore a enter into consultations with Japan. The Parties agree to hold such 
consultations within 15 days from the date of receipt of the request. After this 15 -day period 
has elapsed, Japan may request the establishment of a panel pursuant to Article 21.5 of the  
DSU ("Article 21.5 panel") at any time.  
 
2. At the first DSB meeting at which Japan's request for the establishment of an Article 21.5 
panel appears on the agenda, Korea shall accept the establishment of that panel.  
 
3. The Parties shall cooperate to ena ble the Article 21.5 panel to circulate its report within 
90 days of the panel's establishment, excluding such time during which the panel's work may 
be suspended pursuant to Article 12.12 of the DSU.  
 
4. Either Party may request the DSB to adopt the repor t of the Article 21.5 panel at a DSB 
meeting held at least 20 days after the circulation of the report to the Members unless either 
Party appeals the report.  
 
5. In the event that a division of the Appellate Body can be composed to hear this dispute upon 
an appeal of the Article 21.5 panel report, the Parties shall cooperate to enable the Appellate 
Body to circulate its report to the Members within 90 days from the date of notification of the 
appeal to the DSB. Further, either Party may request the DSB to a dopt the reports of the 
Appellate Body and of the Article 21.5 panel (as modified by the Appellate Body report) at a 
DSB meeting held within 30 days of the circulation of the Appellate Body report to the 
Members.  
 
6. Japan may request authorization to susp end the application to Korea of concessions or other 
obligations pursuant to Article 22.2 of the DSU, in the event that the DSB rules as a result of 
a proceeding under Article 21.5 of the DSU that a measure taken to comply with the 
recommendations and ruli ngs does not exist or is inconsistent with a covered agreement. 
Korea will not assert that Japan is precluded from obtaining the DSB authorization because 
the request was made outside the 30 -day time -period specified in Article 22.6 of the DSU.  
 
7. If Jap an requests authorization to suspend concessions or other obligations pursuant to 
Article  22.2 of the DSU, Korea shall have the right to object under Article 22.6 of the DSU to 
the level of suspension of concessions or other obligations and/or claim that t he principles and 
procedures set forth in Article 22.3 of the DSU have not been followed. In the event of such 
objection, the matter will be referred to arbitration pursuant to Article 22.6 of the DSU (the 
"Article 22.6 arbitration").  
 
8. The Parties will cooperate to enable the arbitrator under Article 22.6 of the DSU to circulate 
its decision within 60 days of the referral to the Article 22.6 arbitration.  
 
9. If any of the original panelists is not available for either the Article 21.5 compliance panel or  
the Article 22.6 arbitration (or both), or any person serving in such proceeding becomes 
unavailable to serve, the Parties will promptly consult on a replacement, and either Party may 
request the Director -General of the WTO to appoint, within 10 days of b eing so requested, a 
replacement for the proceeding or proceedings in which a replacement is required. If an WT/DS504/13  
 
- 3 - 
 
  original panelist is unavailable to serve in either of the proceedings, or a person serving in 
such proceeding becomes unavailable to serve, the Pa rties will further request that, in making 
this appointment, the Director -General seek a person who will be available to act in both 
proceedings.  
 
10. The Parties will continue to cooperate in all matters related to these agreed procedures and 
agree not to  raise any procedural objection to any of the steps set out herein. If, during the 
application of these procedures, the Parties consider that a procedural aspect has not been 
properly addressed in these procedures, they will endeavor to find a solution wit hin the 
shortest time possible that will not affect the other aspects and steps agreed herein.  
 
11. This agreement applies specifically to this dispute and is without prejudice to a Party's position 
on any systemic matter.  
 
 
__________